What are my ex-husband’s rights to a house that is in both of our names?
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What are my ex-husband’s rights to a house that is in both of our names?
I bought a house 5 years ago and my then husband was added only to the deed. We have been separated for 4 years and are now divorced. He has never made any mortgage payments, however, he is asking for $15,000 in order to remove his name from the deed. Can I counter his claim with a lawsuit for half of all expenses incurred since he was added to the deed?
Asked on May 1, 2012 under Real Estate Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A little more clarification is needed here. Did you buy the house while you were married? There is an assumption that a home purchased during a marriage is marital property regardless of whose name is on the dee. If it was purchased with money eared during a marriage that is marital money. You made it his regardless as adding him to the deed shows an intention to make it marital. Now, you are correct that he also has an obligation to maintain and support the house as well but again: if you did then marital money did. But how was the house divided in the divorce? Why was it not addressed? You need help to gather the bargaining chips here. Good luck.
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